[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Gwynedd 6-22-2010 by Ord. No. 473. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers generally — See Ch. 1060.
The purpose of this chapter is to establish procedures for the
installation, use and maintenance of sewage grinder pumps and any
associated pressure laterals and all appurtenances thereto. It is
hereby declared that the enactment of this chapter is necessary for
the protection, benefit and preservation of the health, safety and
welfare of the inhabitants of Lower Gwynedd Township.
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this chapter shall be as follows:
The Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. 1535 (1965), No. 537,
as amended, 35 P.S. §§ 750.1 through 750.20a (Sewage
Facilities Act or Act 537).
The Lower Gwynedd Township Municipal Authority.
The Pennsylvania Department of Environmental Protection.
An electric motor-driven, submersible pump capable of macerating
all material found in normal domestic sanitary sewage, including reasonable
amounts of objects such as plastics, sanitary napkins, disposable
diapers, rubber and the like, to a fine slurry, and pumping this material
through a small one-and-one-half-inch minimum diameter discharge pressure
lateral.
Any property within the Township upon which there is erected
a structure intended for either continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
A change in the Township's Act 537 Plan to provide for
additional or newly identified future or existing sewage facilities
needs, as defined fully in Section 1 of the Sewage Facilities Act,
35 P.S. § 750.1.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
through 691.1001, as amended.
Lower Gwynedd Township.
The connection of existing properties or proposed new land development
to an existing or proposed sewage system through the use of sewage
grinder pumps and their associated pressure laterals shall occur only
after an official plan revision to the Township's Act 537 Plan,
approved by both the Township and Department.
(a)
The Township/Authority is hereby authorized and empowered to adopt
such rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
(b)
The Township/Authority is hereby authorized and empowered to take
such other actions as are necessary, including, but not limited to,
entering into agreements with property owners that assure proper operation
and maintenance of sewage facilities within the Township's borders,
including, but not limited to, sewage grinder pumps and associated
pressure laterals.
(a)
The Township/Authority shall exercise its powers and legal authorities
as set forth herein, and under all applicable statutes, ordinances,
and other laws to effect the purpose of this chapter.
(b)
The Township/Authority shall review the type of grinder pump used
and assure that the property owner has provided documentation that
full service capacity is available locally on short notice in case
of malfunction.
(c)
The Township/Authority shall require an agreement with each property
owner proposing to install or who has installed a sewage grinder pump
and pressure lateral to assure the short- and long-term operation
and maintenance, use, repair or replacement of such systems.
(d)
The Township/Authority shall require that all grinder pumps and pressure
laterals shall be connected to the sewage collection and conveyance
system in full compliance with the rules and regulations of the Township,
and that the installation, use, operation, maintenance, service, repair
and replacement thereof shall comply with the rules and regulations
of the Township in effect from time to time.
(e)
The Township and/or the Authority shall bear no responsibility for
the purchase, installation, use, operation, maintenance, service,
repair, or replacement of the grinder pump and/or its pressure lateral,
except as otherwise set forth herein.
(a)
Each property owner served by a grinder pump shall bear full responsibility
for providing, installing, using, operating, maintaining, servicing,
repairing and replacing his grinder pump and/or its pressure lateral,
unless otherwise set forth herein.
(b)
Each property owner served by a grinder pump shall have full responsibility
for using the pump consistent with the manufacturer's instructions
and shall avoid introducing into the sewage system materials that
may damage the impellers on the pump, including, but not limited to,
items designated as biodegradable in septic tanks.
(c)
Each property owner served by a grinder pump shall close the sewage
system and cease operations during any period when the grinder pump
and/or pressure lateral serving a property is inoperable for more
than seven days.
In the event that either the Township or the Authority elects
to or is required to perform the property owner's obligations
contained in this chapter or in any agreements entered into by the
property owner and the Township/Authority, the Township/Authority
shall charge the property owner the cost incurred by the Township/Authority
in performing the property owner's obligations hereunder or in
any subsequent agreements, and the property owner shall reimburse
either the Township or the Authority for all such costs.
In the event of the property owner's failure to perform
under this chapter or any subsequent agreements resulting herefrom,
the Township/Authority shall have the right to pursue whatever legal
or equitable remedy they shall deem appropriate, including, but not
limited to, bringing an action for specific performance against the
property owner to compel compliance with this chapter or any subsequent
agreement resulting herefrom. The Township/Authority shall also have
the right to file a lien against the property to secure to the Township/Authority
any reimbursement of costs due to them.
In addition to any other remedies provided in this chapter, any violation of Sections 1065.05 and 1065.06 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All such rules and regulations adopted by either the Township
or the Authority to effectuate this chapter shall be in conformity
with the provisions herein, all other ordinances of Lower Gwynedd
Township and all applicable laws, and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
